Terms of service

1. Who may contract

The initial launch is aimed at businesses and professionals in the restaurant sector. Anyone acting on behalf of a restaurant must have the capacity to represent it and must provide accurate information. The service is contracted for professional activity.

Provider: Fuad Cosa Cambra. The full tax identification and the contact channel are set out in the legal notice.

The planned launch is limited to professional recipients in the restaurant sector whose receiving establishment is in mainland Spain or the Balearic Islands. We collect the legal name, tax ID (NIF), tax address, professional status and powers of representation. These details and a tick box do not by themselves certify tax status; if a purchase is in fact a consumer purchase, this does not remove the statutory rights that apply to it. The Canary Islands, Ceuta, Melilla and other countries are outside the scope of this opening.

Identification and contact details of the provider

2. What Fundido offers

The customer provides a photo of their dish and directs its visual setting. AI transforms the image to obtain a studio photo. The account area lets you prepare styles, check jobs, balance and results, and edit a menu.

Fidelity is an aim of the service, not a 100 % guarantee. You must check ingredients, quantity, presentation and tableware before using the result. Human review of every photograph is not promised. Automatic review and human intervention by exception must be described in accordance with the process that is enabled.

3. Account and input images

• Keep your password secure and report any unauthorised use.
• Only upload images, trade marks and content for which you hold the necessary rights and permissions.
• Avoid uploading identifiable people, documents, sensitive data or personal information that is not necessary to photograph the dish.
• Do not use the service to create a misleading representation of the product or to access other people's data.

4. You only spend the photos you keep

Your plan gives you a number of photos each month, also if you pay for it annually. Each photo you keep deducts one from your balance. “You only spend the photos you keep” describes how the balance is used, not when you are charged, which is when the plan is charged. Paid photos expire in accordance with section 5 even if you have not kept any, without prejudice to the remedies that apply if Fundido fails to perform.

When you request a high-resolution photo, one photo is reserved from your balance. Making it and reviewing its quality does not spend it: it is spent when you press “I'll keep it” on a specific version.

You can ask for another version for any reason, including a style preference or a change in the food, with the same reservation. There is a maximum of four attempts in total, including the first. Each version corresponds to a separate submission; retrieving a request or checking its status does not create a new attempt.

The reservation is released if, after the four attempts, you do not keep any version, if 30 days pass without a decision or if a technical failure is confirmed. Several photos are not spent for those attempts. If a technical failure leaves a request without a clear response, we check it before repeating it, so as not to send it or deduct it twice. If a request fails without being carried out, nothing is spent and you can request it again.

If the paid period or the gift expires while you have a pending photo, you can decide on that photo during its 30-day decision period. If you do not keep it, the reservation is released, keeping the expiry date of the batch: it does not grant a usable photo after expiry.

The released photo keeps the origin and the expiry date of the paid period or gift it came from. If that allocation has already expired, the release does not grant another period or make it available again. Before reserving, the account must show the applicable date.

Commercial remedy: if, after keeping a photo, you notice that the AI altered the food and you report it within the seven days after accepting it, the photo associated with that image will be returned to your balance, with the expiry date it had. The request must identify the photo and the alteration, at hola@fundidocreative.com. If that photo can no longer be used because its period has expired or you have closed your account, write to us and we will look into your case. This time limit defines the commercial benefit; it does not limit legal actions or remedies for non-performance.

You have 30 days to decide on each version, counted from when we show it to you. Each new version opens its own 30-day period, with a maximum of four versions per photo. If you do not keep any or request another, the reservation is released. These periods do not extend the expiry of the paid period or of the gift. A version that our quality review rejects before showing it to you does not count as an attempt.

5. Plans, validity and gift

Launch plans decided by the owner, with prices excluding VAT: Basic, €15 a month or €150 a year, with 8 photos a month and the photo engine, without a published menu; Menu, €29 a month or €290 a year, with 15 photos a month, a digital menu with QR code, dish of the day, menu on your website, design posters for social media and without the Fundido branding; and Complete, €59 a month or €590 a year, with 30 photos a month, everything in Menu, an in-venue screen with videos and priority support. Paying for the year in one go costs up to 16 % less than twelve months. The annual Menu and Complete plans also include, once only at the start, your whole menu: 40 and 80 photos. When available, you will be able to buy individual photos without a plan at €5 each: just the photo, without the menu or other features. Private beta accounts can subscribe at the founder price: €12, €19 or €39 a month, which is kept for as long as they remain subscribed, or the founder year of Menu and Complete at €190 and €390. Each photo you keep uses one unit, with the reservation and attempts of section 4.

The monthly plan renews each month until you cancel it. No minimum term on the monthly plan: you can cancel it whenever you like from your account and it remains valid until the end of the month already paid. Each month's photos that you do not use expire at the end of that month and do not carry over to the next, also on the annual plan, which gives you each month's photos throughout the year. The annual plan is paid in advance, in one go, and covers twelve months from the confirmed charge. When you subscribe, you choose whether it renews: the “Renew every year” box comes ticked and, if you untick it, you pay for that year and it does not renew. If it renews, it is for another year at the same price, unless you cancel it beforehand; we will notify you by email at least 30 days before the renewal. Cancelling the annual plan prevents the renewal and the plan continues until the end of the year already paid. The whole-menu photos are valid until the end of the paid year and individual photos for 12 months from purchase. If you move to a plan with fewer features, what you have already published remains, but you will not be able to publish or create what the new plan does not include. The balance that expires soonest is used first, including the gift. The account distinguishes available, reserved, used and expired photos, with their dates.

During the private beta, the first 50 invited accounts receive 5 gift photos on signing up, valid for 48 hours, and during those 48 hours they can use all the features of the Complete plan free of charge; your account shows how many photos you have left and until when. Afterwards, the features of your plan apply, or only the photo engine if you have no plan. Outside the beta, the gift is one photo when the account's email address is actually verified; there is no need to identify the professional organisation. It expires 30 days after being granted. It is granted only once per account and, if the account links its organisation, only once per organisation; creating another account for the same business does not generate another gift. Organisation data are processed privately and are not published in the photographs.

Tax preparation for the B2B launch in mainland Spain and the Balearic Islands: 21 % VAT on each charge: €18.15, €35.09 and €71.39 a month, or €181.50, €350.90 and €713.90 a year; with the founder price, the corresponding total is shown in the same way before payment. The total price and its breakdown are shown before payment. Stripe issues the invoice for each charge and it reaches you by email; keeping photos or releasing reservations does not generate another charge or a VAT refund. A downloadable copy of the conditions and confirmation on a durable medium will be provided.

Commercial refund: you can request at hola@fundidocreative.com a full refund of your first charge (for the month or the year) within the following 14 days if you have not kept any photo from that period. Viewing versions in order to decide does not count as use. This benefit is granted once per account. The refund is made by the same payment method, within a maximum of 14 days from the request, with the corresponding corrective invoice; the photos of the refunded period and their reservations are withdrawn, while traceability is kept. This B2B policy does not replace the statutory rights of anyone who actually contracts as a consumer.

Prices are shown excluding VAT and the total including VAT (21 %) appears before payment. We issue a full invoice for each charge. The photos in your balance belong personally to the organisation: they cannot be transferred or exchanged for money, except for the refunds in this section and those recognised by law.

6. Use of originals and results

You keep your rights over the originals and authorise their storage, their transmission to the declared providers and their transformation solely to the extent necessary to provide the requested service. Accepting these conditions does not authorise use in a portfolio or in advertising.

The versions offered for you to decide serve to evaluate the photo. The commercial licence for the result is acquired when you keep it, over the rights that Fundido is able to grant: non-exclusive, worldwide and without time limit, for menu, website, delivery and social media. Neither exclusivity nor copyright protection for every AI output is guaranteed.

Authorisation to publish the customer's name, brand or images in Fundido's advertising must be separate and optional. We do not promise that no provider will train on or retain data without having checked the actual contract and route.

We deliver the high-resolution image to you when you press “I'll keep it”. Before that decision you will see a reduced, marked preview. The AI providers we use are listed in the Privacy policy.

7. AI and publication

The images we deliver are generated or edited with artificial intelligence and are delivered without a visible label; they keep the provenance metadata supplied by the provider and Fundido does not remove it. The customer acknowledges that the image has been generated or edited with AI and is responsible for labelling it on the platform where they publish it, where that platform requires it. The image must faithfully represent the dish you serve.

The legal classification of each transformation and the roles of Fundido and of the customer require review. A contractual labelling obligation does not remove one's own legal obligations, nor does it by itself demonstrate compliance with the AI Act.

More detail in the AI transparency policy.

8. Menu and allergens

The restaurant must check the name, ingredients, allergens, prices and other information for each dish before publishing the menu. The AI image is not a valid source for deducing ingredients or allergens.

Fundido offers an editing tool. Publication of the menu and the QR code remain closed. Before they are enabled, the required food information, the identity of the restaurant and a channel for reporting unlawful content will be checked. No sale or ordering from the menu is promised.

9. Incidents, account closure and complaints

You can report incidents and complaints at hola@fundidocreative.com. The account offers export and closure; the closure receipt distinguishes data deleted, anonymised and retained, and third-party systems still pending. It does not amount to deleting every copy immediately.

A suspension for security reasons or breach must be proportionate, reasoned and allow the matter to be remedied where appropriate. Closure is not presented as an automatic waiver of paid photos, claims or refunds legally due. How the outstanding balance is treated must be clear before contracting.

Closing your account cancels the renewal of your plan. The photos of the period already paid remain available until that period ends, unless you request the refund in section 5 or are entitled to one by law. If the closure is due to a breach on our part, we will refund the proportional part of the balance paid and not used. There is no need to wait 30 days before taking action. The seven-day refund for alteration of the food and the refund of an untouched first charge do not reduce other legal remedies.

10. Liability

Nothing in these conditions excludes liability for wilful misconduct, or obligations and rights that the law does not allow to be limited. Fundido retains its own duties of security, data protection, information and performance; the customer must check the dish and the information they publish.

Except in cases of wilful misconduct, gross negligence or liabilities that the law does not allow to be limited, our total liability to you for the service is limited to the amount you have paid us in the 12 months before the event, and we are not liable for loss of profit or indirect damage.

11. Third-party content and claims

The customer must hold rights over what they provide and is responsible for the restaurant information they decide to publish. This obligation does not allow an infringement of Fundido's own or of the provider to be attributed to the customer.

If a third-party claim arises from a proven breach by the customer, the customer will be liable for the reasonable, necessary and proportionate damages and defence costs attributable to them under the law. Fundido will inform the customer of the claim and facilitate their defence; it will not impose a settlement without their participation. Damage caused by Fundido's own conduct is excluded, and administrative penalties or every data protection obligation are not automatically passed on.

12. Changes and continuity of the service

Changes must be communicated on a durable medium and must not retroactively change the price or validity of a period already paid. Material changes require the appropriate information and acceptance procedure; replacing the text on the website is not enough.

If, due to an incident attributable to Fundido, you cannot use the photos in your balance during the last 30 days before they expire, the period will be extended by the duration of that incident. The preparation records start, duration, scope and affected allocations, without duplicating overlapping periods or extending other batches.

If a change of provider or the closure of the service is proposed, you will be informed of its scope, of the processing of data and of the outstanding balance, and the applicable obligations and remedies will be respected. No unlimited right to assign the contract or cancel balance without compensation is included.

We will notify you by email of any change to these conditions at least 30 days in advance. Changes do not affect the price or the validity of a period already paid. If you do not accept an essential change, you can close your account and we will refund the balance paid and not used. If we close the service, we will give you 60 days' notice and refund the unused balance.

13. Law and dispute resolution

Spanish law, without prejudice to any mandatory rules that may apply. The competent courts will be determined in accordance with the law. No jurisdiction chosen by Fundido is imposed in these standard (adhesion) conditions.

The support channel offers a direct solution without preventing you from going to the competent authority or court. The B2B scope depends on the actual professional purpose of the contract; a tick box does not remove the legal protection that applies.

14. Processing on behalf of the restaurant

Fundido acts as controller of the data necessary for the account, contracting, security and its own obligations. If it processes personal data of other people on the restaurant's instructions, the applicable data processing agreement must be formalised before that processing.

In this service we only process photos of dishes. Do not upload images with identifiable people or personal data. If we ever process personal data on your behalf, we will first sign the data processing agreement under Art. 28 GDPR.

Accepting these conditions does not replace that pending agreement or demonstrate the contracts with providers. At launch, provide photographs of dishes without identifiable people or unnecessary personal data.